Patna High Court
Raja Ram ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS.
Summary
The petitioner, Raja Ram Chauhan, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 109(2), 303(2), 352, 351(2), 351(3) and 3(5) of the BNS, alleging assault, robbery and grievous hurt. The FIR alleged that the petitioner held the husband of the informant while a co‑accused cut the victim's tongue and stole Rs.10,000. The petitioner claimed innocence, asserted that the tongue‑cutting allegation pertained only to the co‑accused, and highlighted his clean antecedent and the grant of bail to another co‑accused in a similar case. The State opposed the bail, but the court, after reviewing the FIR and the facts, found a prima facie case for bail. Accordingly, the court directed that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of his criminal antecedent.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS despite the serious allegations in the FIR.
- Whether the involvement of co‑accused in the more grievous act (cutting the tongue) negates the petitioner's claim of innocence and affects bail.
Legislation cited
Subjects
- pre‑arrest bail
- Section 482
- criminal procedure
- clean antecedent
- assault
- robbery
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1428 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Raja Ram Chauhan S/O Pandit Chauhan @ Binod Chauhan R/O Village -
Ganpat Nagar, P.s.- Neemchak Bathani, District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 21-04-2026 Heard Mr. Durgesh Nandan, learned counsel
appearing on behalf of the petitioner and Mr. Navin Kumar
Pandey, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Neemchak Bathani P.S. Case No. 68/2025 registered for
the offence(s) punishable under Sections 126(2), 115(2), 109(2),
303(2), 352, 351(2). 351(3) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner assaulted the
husband of the informant. Specific allegation against the
petitioner is that petitioner caught hold the husband of the
petitioner and one co-accused Gandhi Chauhan cut his tongue
besides the allegation of snatching of Rs.10,000/- and other
valuables.
Patna High Court CR. MISC. No.1428 of 2026(4) dt.21-04-2026
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4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Specific allegation of
cutting the tongue of the husband of the informant is against co-
accused Gandhi Chauhan. Similarly situated co-accused Naresh
Chauhan @ Bachu Chauhan has also been granted bail by this
Court vide order dated 24.11.2025 passed in Cr. Misc. No.74244
of 2025. Petitioner has clean antecedent. On these grounds, the
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and the fact that specific allegation of cutting the
tongue of the husband of the informant is against co-accused
Gandhi Chauhan and also the fact that the petitioner has clean
antecedent, I am of the opinion that petitioner has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.1428 of 2026(4) dt.21-04-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Gaya /
Concerned Court in connection with Neemchak Bathani P.S.
Case No. 68/2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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